It’s dead. This won’t come as anything new to regular readers here, as I’ve been chronicling this for quite a while now, even noting that it admits it’s no longer the organization it was decades ago, and it no longer wants to be. But it’s dead. The ACLU is dead, and it announced its demise on twitter.
It promotes an unfair process, inappropriately favoring the accused and letting schools ignore their responsibility under Title IX to respond promptly and fairly to complaints of sexual violence.
— ACLU (@ACLU) November 16, 2018
In four words, this twit said it all: “inappropriately favoring the accused.” Even when it confessed that it would no longer concern itself with civil liberties of disfavored people, bringing a tear to former Executive Director Ira Glasser’s face, and much to the chagrin of the old civil rights lawyers who hadn’t yet sold their souls to social justice or the lavish wealth that came from hating the right people, there was still some tiny twinkle of hope that the ACLU would refocus, remember why it was formed, why it existed, and choose to stand up for the Constitution.
It’s done. The ACLU has taken the public position that it is against due process because it “inappropriately favors the accused.”
So you’re “shocked, SHOCKED!,” right? Of course, there are some who are desperately trying to spin this in such a way as to trivialize its significance and maintain that the ACLU is still the credible voice of civil liberties, the defender of the Constitution.
The problem is that the usual suspects, woke academics, aren’t the only ones spinning and rationalizing, but voices that really ought to know better. But they can’t seem to let go of their legacy belief that the ACLU hasn’t morphed from a civil liberties organization into a social justice organization. Or, even worse, don’t care.
If your support of due process is contingent on your sympathies for accuser or accused, then you do not support due process or the Constitution.
The ACLU does not support due process. The ACLU does not support the Constitution. It’s not that their actions and cases don’t occasionally align with causes that happen to support constitutional rights, but they do so for the wrong reasons, because it furthers their social justice agenda to do so, or at least does nothing to offend their funding mob. But that’s merely a fortuitous matchup of constitutional rights with their causes, not because they support the principles at stake. Even when they utter the right words, it’s disingenuous, hypocritical, because they simultaneously announce that they hate due process, hate free speech, hate free exercise, hate the Constitution, when it serves their purpose.
The ACLU cannot love constitutional rights only when it serves to further a cause on behalf of their favored marginalized group, then hate it when it doesn’t, and still be given credit as a voice for civil liberties. What these otherwise smart voices ignore is that the ACLU has been at the forefront of eradicating civil liberties when it serves their social justice purpose. It has been affirmatively antagonistic toward constitutional rights. And now, it hit the mother lode, due process for the accused. You cannot blink and pretend this isn’t a fundamental disavowment of the Constitution.
This isn’t Gertruding, though I suspect that’s what the apologists for the ACLU’s zombie views believe they are doing. Gertruding means that it need not be said. This is false. It’s a lie. But more to the point, perpetuating this lie that the ACLU is still, somewhere, somehow, the credible voice for civil liberties enables it to speak out and be recognized by the media, academics and advocates as the defender of the Constitution.
So when the ACLU says there’s no free speech issue with criminalizing hate speech, cheers can be heard by the woke that their carceral outage has the support of the Voice of Civil Liberties and they aren’t being completely authoritarian, completely anti-Constitution. After all, the ACLU agrees, and if the ACLU agrees, it must be right.
The ACLU speaks for social justice, not the Constitution, not due process, not civil liberties. That they may occasionally cross over to support some aspect of due process when they represent a party of the correct color or gender doesn’t mean they get credit for being the voice of the Constitution. It means they are happy to whore themselves for the outcome they want, because they are on the side of the marginalized this time. They will rip the Constitution to shreds when it serves their purpose next time, and, unlike Ira Glasser, won’t shed a tear over it.
The ACLU is dead and speaks only for itself. If you feel compelled to make apologies for its continued zombie existence based on some fantasy legacy view of its value, then you are no more a supporter of due process and the Constitution than the ACLU is today.
Remember, due process “inappropriately favors the accused.” Those four words are the ACLU’s epitaph.